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  1. #66
    Join Date
    Mar 2007
    Location
    Ormond Beach, Florida
    Posts
    26,245

    Default Re: Foundation crack below beam near foundation corner

    Quote Originally Posted by John Bubber View Post

    John,

    When the "workers learned that the house -- built in the 1920s -- did not have the foundation footing many newer homes have. But Jeff Edwards said they kept working." ...

    That was the construction company's 'moment in time' to go "Holy $hit" and stop working IMMEDIATELY, then start shoring the wall so it would not move laterally inward at the bottom from the pressure outside the wall.

    Things like that make you go "That company needs to be put out of business, its owners shot (so they cannot reproduce), and the qualifier (if licensing is required and they are licensed) needs to be put on the rack in the town square for 6 months.

    Or would that be going to easy on them?

    Inspection Referral SOC
    Jerry Peck, Construction / Litigation Consultant
    Construction Litigation Consultants, LLC ( www.ConstructionLitigationConsultants.com )
    www.AskCodeMan.com

  2. #67
    Join Date
    Sep 2007
    Location
    Fredericksburg, VA
    Posts
    885

    Default Re: Foundation crack below beam near foundation corner

    Quote Originally Posted by Michael Thomas View Post
    This is kind of an interesting situation, as 1) it's a short sale and its highly unlikely the buyer will be able to negotiate any price adjustments with the bank and 2) the buyers are determined (in a realistic way I think) to buy this property: they love it, they plan to live in it for 15 years minimum, they just want to know what they're getting into.... when I pointed out that resolving some of the issues at the exterior might involve major work, they literally said that they if had to pull entire cladding off this property and redo it that's fine with them, they love rest of the house that much.

    So considerations of price negotiation don't enter into it, what they're really looking for is a prioritized punch list of major work (and they have got some).

    So the issue with this foundation crack is purely a question of how likely it is to be a problem in the future.
    True in the Mid-Atlantic Washington DC area. 95% of my inspections are on foreclosures and short sales. Although mortgage holders have had to give a bit on the "As Is" statement. It is very possible that structural and environmental issues may be corrected, especially if they have been holding the property for a while. Good realtors will attempt to get things fixed while the lazier ones really push the As Is condition. I always tell clients it doesn't hurt to ask. They worst that could happen is they get laughed at.

    The above statements are expressed solely as my opinion and in all probability will conflict with someone else's.
    Stu, Fredericksburg VA

  3. #68
    Join Date
    Mar 2007
    Location
    Ormond Beach, Florida
    Posts
    26,245

    Default Re: Foundation crack below beam near foundation corner

    Quote Originally Posted by Stuart Brooks View Post
    Good realtors will attempt to get things fixed while the lazier ones really push the As Is condition. I always tell clients it doesn't hurt to ask. They worst that could happen is they get laughed at.

    This is how your clients can avoid getting laughed at:

    All "As Is" contracts I've seen (which, of course, does not mean all *ARE* this way, but I would suspect they are like this) state "Subject to a SATISFACTORY inspection."

    I would tell my clients that is the BEST type of contract to have.

    When they asked why, I would explain it this way: "See that piece of dirt on the wall right there? You are not "SATISFIED" with that, are you? That means you can get your money back and walk away. Now, if the seller wants to sell, you can turn around and say 'Okay, that deal is off, but, if you want to sell this house to me, THIS IS HOW MUCH I am willing to offer you.' But you have to be prepared to walk away from that house if you do not like something, the contract states the seller cannot enforce the sale if you do not have a SATISFACTORY inspection. And you are the only judge as to what is satisfactory to you."

    Jerry Peck, Construction / Litigation Consultant
    Construction Litigation Consultants, LLC ( www.ConstructionLitigationConsultants.com )
    www.AskCodeMan.com

  4. #69
    Join Date
    Sep 2007
    Location
    Fredericksburg, VA
    Posts
    885

    Default Re: Foundation crack below beam near foundation corner

    Quote Originally Posted by Jerry Peck View Post
    This is how your clients can avoid getting laughed at:

    All "As Is" contracts I've seen (which, of course, does not mean all *ARE* this way, but I would suspect they are like this) state "Subject to a SATISFACTORY inspection."

    I would tell my clients that is the BEST type of contract to have.

    When they asked why, I would explain it this way: "See that piece of dirt on the wall right there? You are not "SATISFIED" with that, are you? That means you can get your money back and walk away. Now, if the seller wants to sell, you can turn around and say 'Okay, that deal is off, but, if you want to sell this house to me, THIS IS HOW MUCH I am willing to offer you.' But you have to be prepared to walk away from that house if you do not like something, the contract states the seller cannot enforce the sale if you do not have a SATISFACTORY inspection. And you are the only judge as to what is satisfactory to you."
    I agree, but I don't get to them before they have already signed sales agreements. Some have escape clauses but others don't. I did have a couple who were both US Army Sergeant Majors. Realtor got mad at me because they went through the report and decided to play hard ball with seller; Risking loss of their "good faith" deposit, cost of inspection, radon test, and de-winterizing costs. They said they would back out of the sale unless 9 issues were corrected including Radon mitigation, loose B-vent joint in attic, unsupported CSST at furnace and water heater, service panel fixes, garbage disposal, sump pump with a bad float switch, broken garage door opener. They won.

    The above statements are expressed solely as my opinion and in all probability will conflict with someone else's.
    Stu, Fredericksburg VA

  5. #70
    Join Date
    Jun 2008
    Location
    MI
    Posts
    89

    Default Re: Foundation crack below beam near foundation corner

    Quote Originally Posted by Jerry Peck View Post
    John,

    When the "workers learned that the house -- built in the 1920s -- did not have the foundation footing many newer homes have. But Jeff Edwards said they kept working." ...

    That was the construction company's 'moment in time' to go "Holy $hit" and stop working IMMEDIATELY, then start shoring the wall so it would not move laterally inward at the bottom from the pressure outside the wall.

    Things like that make you go "That company needs to be put out of business, its owners shot (so they cannot reproduce), and the qualifier (if licensing is required and they are licensed) needs to be put on the rack in the town square for 6 months.

    Or would that be going to easy on them?


    Jerry, lolol

    Many of these inside system knotheads are seriously incompetent,without a doubt and obvioulsy includes the owners of these companies.

    Anyone who comes to the conclusion that each and every leaky basement,cracked/bowed wall should be dealt with on the INSIDE is a complete incompetent fool. This is what most of these inside co`s do,send salesdorks out on estimates who tell homeowners they need their inside system, usually w/a sump pump,and sometimes they talk `em into carbon fiber straps or walls anchors etc.

    They don`t even bother to identify the real problems/causes which would lead ANY competent and honest contractor to EXTERIOR work in most cases(cuz they`re, lolol stupid on the subject they call themselves experts in) .They just repeat the same old blchtt lines,one they often use is....
    "Oh Mr & Mrs Jones, you have a hydrostatic pressure problem under the floor,that why you see water along the wall-floor joint and only our inside system will solve your problem". Complete trash like that.

    Think about it, how many exterior jobs (not new construction,pfftt)
    has Basement Systems/Perma Dork/B Dorks/Mid Atlantic dorks/Vulcan fools done? None,one,five....in 10-15 years???? lolol They don`t WANT to hand dig and prolly aren`t insured to do exterior waterproofing, thus all the false claims,myths,misrepresentations,fraud etc.


  6. #71
    Join Date
    Jun 2008
    Location
    MI
    Posts
    89

    Default Re: Foundation crack below beam near foundation corner

    a lil kicker per 'Basement wall collapse/For-Everdorks' link in post #65.....

    some tell homeowners to check w/the BBB,hmmm, ok...let`s DO THAT.
    Fort Wayne, IN: Check Out a Business or Charity Neverdry Michiana South Bend
    The BBB gives them an 'A+' rating.

    An....... A+

    At the same time, shows at least 38 customer complaints within the last 36 months, one you can bet is the Wall Collapse story.
    The last line in the story reads, 'The BBB processed a total 15 complaints.....etc'. Story is dated May 1,2006. Say again, don`t be FOOLED by supposed 'resolved' complaints.

    Ok so, 15 complaints then, 38 now....at least.
    So umm, whats with the BBB giving them an A+ rating?
    Tell ya what its about...........MONEY.
    Em O En E WHY!!! Money!
    Company PAYS the BBB.

    Does the BBB REALLY CARE about homeowners? Think again.

    YouTube - Super Bowl 43 ad: E*Trade Baby Golfer Shankopotamus

    Last edited by John Bubber; 02-12-2009 at 03:11 AM.

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